My question involves labor and employment law for the state of: California.
I am a paid caregiver for a parent through a MediCAID/MediCAL program called In Home Supportive Services. Recently my parent (the recipient) won additional monthly hours for more than a year. Instead of adding the additional monthly hours to each month and sending me (the provider / caregiver) a check with the appropriate deductions taken out such as MediCARE and FICA, a lump sum check was sent to my parent instead.
The problem is I really need credit for the additional time that I worked for retirement purposes. The local IHSS office's position is that nobody has ever complained before and they have never done it that way. Considering there are probably several thousand backpay awards every year, I doubt they are telling the truth that no one has asked before to get time worked credit and have deductions take out. However, it may be true that they have never bothered to credit the actual caregiver for the additional time.
What can I do to get credited the additional several dozen hours that was awarded for each and every month going back over a year? The system does have ALJ's for the hearings, and a compliance department as well. I have talked to the compliance department and they state that since there was no specific request to credit the hours to the caregiver, that they are just going by standard operating procedure. However, no one said anything about how the additional hours would be allocated or credited until a check arrived with no deductions taken out.
Thanks in advance.